CHIEF SEBASTIAN AJULUCHUKWU V. THE STATE

ARIWOOLA JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division, delivered on 15 July 2008.

The appellant and one other person - Engineer Maxwell Ikpo, were charged with three counts as follows:-

1. Conspiracy contrary to section 518(6);

2. Stealing contrary to section 390(9)

3. Obtaining money by false pretences contrary to section 419 of the Criminal Code, Cap. 31, Vol. 11, Laws of Cross River State of Nigeria, 1983.

Particulars of offence

Count 1:

Chief Sebastian Ajuluchukwu and Engineer Maxwell Ikpo at Calabar in the Calabar Judicial Division, between the months of July and August 2004, conspired among yourselves to commit an unlawful purpose to wit: stealing.

Count 2.

Chief Sebastian Ajuluchukwu and Engineer Maxwell Ikpo, betweenthe months of July and August 2004 at Calabar in the Calabar Judicial Division, stole the sum of ₦6,200,000.00 (six million, two hundred thousand naira), property of the Motor and Motorcycle Spa…